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Judicial Review

Education Law

child-sitting-on-fathers-shoulders-with-hands-in-the-air

Judicial review is remedy whereby a judge will examines the lawfulness of decisions (or a lack of a decision) made by public bodies. 

In an education law context, judicial review may be used to challenge:

  1. A failure of a local authority to put in place the provision outlined in a child’s statement of special educational needs or education, health and care plan;
  2. A failure of a local authority to provide a child with full time education;
  3. A failure of a local authority to ensure that a child receives adequate school transport;
  4. Unlawful decisions to close a school;

Time limits to make an application for judicial review are very short and therefore it is important to get expert legal advice as soon as possible after a decision has been made.

Legal Aid

Cartwright King is able to offer legal aid in respect of education law advice and assistance in the following categories:

  • Special Educational Needs including Education, Health and Care Plans;
  • discrimination in education; and
  • public law challenges to education matters.

To find out if you are eligible you first need to contact Civil Legal Advice who will assess your financial circumstances and the nature of your case. The contact details for Civil Legal Advice can be found here.

If you are eligible for legal aid and are referred to Cartwright King either because we are the closest legal aid provider to you, or you have expressed a preference to be referred to Cartwright King then we will arrange an appointment with you to discuss your case. You will be given a reference number that you will need to provide. The appointment will usually be at our Nottingham or Leicester offices but if you are unable to access those offices we may be able to meet you elsewhere, for example in our Derby or Birmingham offices.

If you would like a preliminary discussion with someone to see if your case may be covered by legal aid or you would like to know more about the process.

If you are assessed as not eligible for legal aid then we would be happy to discuss other payment options with you.

We're here for you.